[Congressional Record Volume 154, Number 150 (Monday, September 22, 2008)]
[House]
[Pages H8503-H8506]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
COASTAL AND ESTUARINE LAND CONSERVATION PROGRAM ACT
Ms. BORDALLO. Madam Speaker, I move to suspend the rules and pass the
bill (H.R. 1907) to authorize the acquisition of land and interests in
land from willing sellers to improve the conservation of, and to
enhance the ecological values and functions of, coastal and estuarine
areas to benefit both the environment and the economies of coastal
communities, and for other purposes, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 1907
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Coastal and Estuarine Land
Conservation Program Act''.
SEC. 2. AUTHORIZATION OF COASTAL AND ESTUARINE LAND
CONSERVATION PROGRAM.
The Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et
seq.) is amended by inserting after section 307 the following
new section:
``authorization of the coastal and estuarine land conservation program
``Sec. 307A. (a) In General.--The Secretary may conduct a
Coastal and Estuarine Land Conservation Program, in
cooperation with appropriate State, regional, and other units
of government, for the purposes of protecting important
coastal and estuarine areas that have significant
conservation, recreation, ecological, historical, or
aesthetic values, or that are threatened by conversion from
their natural, undeveloped, or recreational state to other
uses or could be managed or restored to effectively conserve,
enhance, or restore ecological function. The program shall be
administered by the National Ocean Service of the National
Oceanic and Atmospheric Administration through the Office of
Ocean and Coastal Resource Management.
``(b) Property Acquisition Grants.--The Secretary shall
make grants under the program to coastal states with approved
coastal zone management plans or National Estuarine Research
Reserve units for the purpose of acquiring property or
interests in property described in subsection (a) that will
further the goals of--
``(1) a Coastal Zone Management Plan or Program approved
under this title;
``(2) a National Estuarine Research Reserve management
plan;
``(3) a regional or State watershed protection or
management plan involving coastal states with approved
coastal zone management programs; or
``(4) a State coastal land acquisition plan that is
consistent with an approved coastal zone management program.
``(c) Grant Process.--The Secretary shall allocate funds to
coastal states or National Estuarine Research Reserves under
this section through a competitive grant process in
accordance with guidelines that meet the following
requirements:
``(1) The Secretary shall consult with the coastal state's
coastal zone management program, any National Estuarine
Research Reserve in that State, and the lead agency
designated by the Governor for coordinating the
implementation of this section (if different from the coastal
zone management program).
``(2) Each participating coastal state, after consultation
with local governmental entities and other interested
stakeholders, shall identify priority conservation needs
within the State, the values to be protected by inclusion of
lands in the program, and the threats to those values that
should be avoided.
``(3) Each participating coastal state shall to the extent
practicable ensure that the acquisition of property or
easements shall complement working waterfront needs.
``(4) The applicant shall identify the values to be
protected by inclusion of the lands in the program,
management activities that are planned and the manner in
which they may affect the values identified, and any other
information from the landowner relevant to administration and
management of the land.
[[Page H8504]]
``(5) Awards shall be based on demonstrated need for
protection and ability to successfully leverage funds among
participating entities, including Federal programs, regional
organizations, State and other governmental units,
landowners, corporations, or private organizations.
``(6) The governor, or the lead agency designated by the
governor for coordinating the implementation of this section,
where appropriate in consultation with the appropriate local
government, shall determine that the application is
consistent with the State's or territory's approved coastal
zone plan, program, and policies prior to submittal to the
Secretary.
``(7)(A) Priority shall be given to lands described in
subsection (a) that can be effectively managed and protected
and that have significant ecological value.
``(B) Of the projects that meet the standard in
subparagraph (A), priority shall be given to lands that--
``(i) are under an imminent threat of conversion to a use
that will degrade or otherwise diminish their natural,
undeveloped, or recreational state; and
``(ii) serve to mitigate the adverse impacts caused by
coastal population growth in the coastal environment.
``(8) In developing guidelines under this section, the
Secretary shall consult with coastal states, other Federal
agencies, and other interested stakeholders with expertise in
land acquisition and conservation procedures.
``(9) Eligible coastal states or National Estuarine
Research Reserves may allocate grants to local governments or
agencies eligible for assistance under section 306A(e).
``(10) The Secretary shall develop performance measures
that the Secretary shall use to evaluate and report on the
program's effectiveness in accomplishing its purposes, and
shall submit such evaluations to Congress triennially.
``(d) Limitations and Private Property Protections.--
``(1) A grant awarded under this section may be used to
purchase land or an interest in land, including an easement,
only from a willing seller. Any such purchase shall not be
the result of a forced taking under this section. Nothing in
this section requires a private property owner to participate
in the program under this section.
``(2) Any interest in land, including any easement,
acquired with a grant under this section shall not be
considered to create any new liability, or have any effect on
liability under any other law, of any private property owner
with respect to any person injured on the private property.
``(3) Nothing in this section requires a private property
owner to provide access (including Federal, State, or local
government access) to or use of private property unless such
property or an interest in such property (including a
conservation easement) has been purchased with funds made
available under this section.
``(e) Recognition of Authority to Control Land Use.--
Nothing in this title modifies the authority of Federal,
State, or local governments to regulate land use.
``(f) Matching Requirements.--
``(1) In general.--The Secretary may not make a grant under
the program unless the Federal funds are matched by non-
Federal funds in accordance with this subsection.
``(2) Cost share requirement.--
``(A) In general.--Grant funds under the program shall
require a 100 percent match from other non-Federal sources.
``(B) Waiver of requirement.--The Secretary may grant a
waiver of subparagraph (A) for underserved communities,
communities that have an inability to draw on other sources
of funding because of the small population or low income of
the community, or for other reasons the Secretary deems
appropriate and consistent with the purposes of the program.
``(3) Other federal funds.--Where financial assistance
awarded under this section represents only a portion of the
total cost of a project, funding from other Federal sources
may be applied to the cost of the project. Each portion shall
be subject to match requirements under the applicable
provision of law.
``(4) Source of matching cost share.--For purposes of
paragraph (2)(A), the non-Federal cost share for a project
may be determined by taking into account the following:
``(A) The value of land or a conservation easement may be
used by a project applicant as non-Federal match, if the
Secretary determines that--
``(i) the land meets the criteria set forth in section 2(b)
and is acquired in the period beginning 3 years before the
date of the submission of the grant application and ending 3
years after the date of the award of the grant;
``(ii) the value of the land or easement is held by a non-
governmental organization included in the grant application
in perpetuity for conservation purposes of the program; and
``(iii) the land or easement is connected either physically
or through a conservation planning process to the land or
easement that would be acquired.
``(B) The appraised value of the land or conservation
easement at the time of the grant closing will be considered
and applied as the non-Federal cost share.
``(C) Costs associated with land acquisition, land
management planning, remediation, restoration, and
enhancement may be used as non- Federal match if the
activities are identified in the plan and expenses are
incurred within the period of the grant award, or, for lands
described in (A), within the same time limits described
therein. These costs may include either cash or in-kind
contributions.
``(g) Reservation of Funds for National Estuarine Research
Reserve Sites.--No less than 15 percent of funds made
available under this section shall be available for
acquisitions benefitting National Estuarine Research
Reserves.
``(h) Limit on Administrative Costs.--No more than 5
percent of the funds made available to the Secretary under
this section shall be used by the Secretary for planning or
administration of the program. The Secretary shall provide a
report to Congress with an account of all expenditures under
this section for fiscal year 2009 and triennially thereafter.
``(i) Title and Management of Acquired Property.--If any
property is acquired in whole or in part with funds made
available through a grant under this section, the grant
recipient shall provide--
``(1) such assurances as the Secretary may require that--
``(A) the title to the property will be held by the grant
recipient or another appropriate public agency designated by
the recipient in perpetuity;
``(B) the property will be managed in a manner that is
consistent with the purposes for which the land entered into
the program and shall not convert such property to other
uses; and
``(C) if the property or interest in land is sold,
exchanged, or divested, funds equal to the current value will
be returned to the Secretary in accordance with applicable
Federal law for redistribution in the grant process; and
``(2) certification that the property (including any
interest in land) will be acquired from a willing seller.
``(j) Requirement for Property Used for Non-Federal
Match.--If the grant recipient elects to use any land or
interest in land held by a non-governmental organization as a
non-Federal match under subsection (g), the grant recipient
must to the Secretary's satisfaction demonstrate in the grant
application that such land or interest will satisfy the same
requirements as the lands or interests in lands acquired
under the program.
``(k) Definitions.--In this section:
``(1) Conservation easement.--The term `conservation
easement' includes an easement or restriction, recorded deed,
or a reserve interest deed where the grantee acquires all
rights, title, and interest in a property, that do not
conflict with the goals of this section except those rights,
title, and interests that may run with the land that are
expressly reserved by a grantor and are agreed to at the time
of purchase.
``(2) Interest in property.--The term `interest in
property' includes a conservation easement.
``(l) Authorization of Appropriations.--There are
authorized to be appropriated to the Secretary to carry out
this section $60,000,000 for each of fiscal years 2009
through 2013.''.
The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from
Guam (Ms. Bordallo) and the gentleman from Alaska (Mr. Young) each will
control 20 minutes.
The Chair recognizes the gentlewoman from Guam.
General Leave
Ms. BORDALLO. Madam Speaker, I ask unanimous consent that all Members
may have 5 legislative days in which to revise and extend their remarks
and include extraneous material on the bill under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentlewoman from Guam?
There was no objection.
Ms. BORDALLO. Madam Speaker, H.R. 1907 would authorize the existing
Coastal and Estuarine Land Conservation Program, which is administered
by the National Oceanic and Atmospheric Administration.
This very popular program was first established under the fiscal year
2002 Appropriations Act for the Departments of Commerce, Justice,
State, and Related Agencies.
Since its inception, the CELCP program has awarded more than $176
million in matching grants to eligible coastal States and territories
to acquire properties or conservation easements from willing sellers to
protect fish and wildlife habitat from future development and to
preserve scarce coastal open space.
This bill was introduced by Congressman James Saxton and was
subsequently reported by the Committee on Natural Resources. This
legislation would formally authorize the program consistent with past
appropriations acts and with NOAA's own program guidelines.
Madam Speaker, the existing CELCP program is both targeted and
effective, and it addresses a critical habitat conservation need in
many coastal States
[[Page H8505]]
and territories. The bill is strongly supported by the administration,
by the Coastal States Organization and by several respected
conservation organizations, including the Nature Conservancy and the
Trust for Public Land.
I commend Congressman Saxton for his steadfast efforts to authorize
this program and to protect and to conserve the coastal zone of the
United States. I ask my colleagues to support the passage of this
important legislation.
I reserve the balance of my time.
Mr. YOUNG of Alaska. Mr. Speaker, I yield myself as much time as I
may consume.
I would like to take this opportunity to congratulate Congressman Jim
Saxton, who has worked tirelessly on this legislation and to have it
scheduled for floor debate today. He cannot be here because he is en
route.
He has had a long and distinguished career championing ocean and
coastal causes in the House of Representatives. He will be missed as he
retires at the end of this Congress. I thank him for his service and
for his leadership on the Natural Resources Committee as well as for
his being a former Merchant Marine and Fisheries Committee member. I
wish him good winds and fair seas in his next voyage in life.
I reserve the balance of my time.
Ms. BORDALLO. Mr. Speaker, I yield such time as she may consume to my
friend, the gentlewoman from California (Mrs. Capps).
Mrs. CAPPS. Mr. Speaker, I rise in strong support of H.R. 1907, which
formally codifies NOAA's Coastal and Estuarine Land Conservation
Program, informally known as the CELCP program.
First, I want to thank the chairman of the Natural Resources
Committee, Mr. Rahall, and the chairwoman of the subcommittee, Ms.
Bordallo, for bringing H.R. 1907 before us today. I also want to join
with the ranking member, Mr. Young, in recognizing the author of this
legislation, Mr. Saxton, for his leadership in all of the areas that he
has worked on, especially in this area. Those comments of my colleague
from Alaska were very well said. For years, Mr. Saxton has been a
champion for the marine environment, and his passion for our oceans
will be missed.
Mr. Speaker, it's well-known that more and more people are moving to
the coast to enjoy its beauty and its recreational opportunities. An
estimated 60 percent of Americans will live along our coasts during the
next 2 years. More than ever, the pressures of urbanization and of
coastal pollution threaten to impair watersheds, to impact wildlife
habitat and to cause irreparable damage to our fragile coastal ecology.
We see strong signals of what continuing down this path could bring
us: beach closings, fish kills, human health impacts, and a lack of
public access to beaches and to coastal waters. That's why we need
initiatives like the Coastal and Estuarine Land Conservation Program,
the CELCP program.
This existing program pairs willing sellers through community-based
initiatives with sources of Federal funds in order to enhance
environmental protection. Lands can be acquired in full or through
easements, and none of the lands purchased through this program would
be held by the Federal Government. It puts land conservation
initiatives in the hands of State and local communities. That's why
it's supported by the Coastal States Organization.
In my congressional district, we've worked collaboratively with
coastal communities, with environmental groups, with willing sellers,
and with the State to conserve lands around the Morro Bay National
Estuary, on the nationally significant Gaviota Coast and near the
Piedras Blancas Outstanding Natural Area.
These lands are home to a wide variety of plants and animal species
that are particularly threatened by encroaching development and
pollution. By working with local communities to purchase lands and
easements, California has been able to successfully preserve the
natural and scenic heritage of some of its last undeveloped stretches
of coastline.
Mr. Speaker, programs like CELCP will help other coastal States to
participate in these community-based conservation efforts. Given the
importance of healthy, productive and accessible coastal areas, it's
time to formally authorize CELCP. This legislation makes important
improvements in the program. It provides a better framework for its
administration, and it will ensure the consistent implementation
throughout the country.
I know that we all would like to do something like this in honor and
in the memory of our good friend in his days in Congress, Mr. Saxton.
So I want to thank the chairwoman and Mr. Saxton for their leadership
on this legislation. I look forward to working with them in the coming
days to ensure its passage so that we can fill this vital need for
coastal protection. I urge all of my colleagues to support H.R. 1907.
Mr. YOUNG of Alaska. Mr. Speaker, at this time, I will recognize Mrs.
Musgrave from Colorado for as much time as she may consume.
Mrs. MUSGRAVE. Mr. Speaker, due to a traffic problem, I am a little
bit late in getting into this Chamber to make comment on H.R. 3299, and
I so much appreciate the opportunity.
That bill under consideration today provides for a boundary
adjustment to the Roosevelt National Forest to correct an erroneous
survey.
In May of 2006, a number of my constituents who live in the Crystal
Lakes Subdivision in Larimer County, Colorado contacted my office after
they received notice from the Forest Service that they were encroaching
upon Federal property. You can imagine what a surprise this was to
those folks. Many of those people who had purchased the land in the
1970s, improved it, built homes on it and had literally lived there for
decades.
However, the Forest Service informed these homeowners that a survey
that had been conducted in 2003 and in 2004 had found that the earlier
survey that was conducted in 1975 was, indeed, inaccurate. This 1975
survey was privately commissioned and was used in the development of
the Crystal Lakes Subdivision.
Thirty years after the property was originally developed, landowners
have now been informed that the portions of the land they paid for and
that they improved may actually be on Federal property. Even more, a
number of these landowners were faced with the reality that their homes
might be on Federal land.
{time} 1400
The property owners bought this land and made the improvements all in
good faith, and are now faced with an undue burden to deal with this
mistake.
The only recourse for individuals whose homes are within the area of
dispute is the Small Tracts Act. However, this requires homeowners to
pay for this land a second time at current fair market value.
Obviously, the land prices in this beautiful area have increased
dramatically over the past three decades and this purchase would place
an enormous financial burden on these homeowners. The uncertainty
associated with this dispute has made it difficult for impacted
property owners to sell their property. H.R. 3299 would remedy these
problems by conveying without consideration the disputed areas to the
impacted homeowners.
The 7 acres involved in this boundary dispute are a miniscule
fraction of the 1.3 million acres of the Arapaho-Roosevelt National
Forest. Because this land has been cleared and it has been occupied,
obviously, for a number of years, transferring it back to the Forest
Service would not enhance the environment or the scenic attributes of
the area. Additionally, H.R. 3299 would not in any way impact the
integrity or affect the operation of the forest.
The landowners impacted by this boundary dispute need resolution and
certainty. H.R. 3299 did that by allowing them to keep the land they
purchased and improved.
Mr. Speaker, I want to take this opportunity to thank Chairman Rahall
and Congressman Young, as well as Chairman Grijalva and Mr. Bishop for
moving this legislation through the Natural Resources Committee. I am
grateful for the support of my colleagues of H.R. 3299.
Ms. BORDALLO. Mr. Speaker, I reserve the balance of my time.
Mr. YOUNG of Alaska. Mr. Speaker, I have no further requests for
time, and I yield back the balance of my time.
Ms. BORDALLO. Mr. Speaker, I too would like to go on record as
commending Mr. Saxton for his long and
[[Page H8506]]
distinguished career as a champion for the oceans. We will all miss him
and his passion for protecting the marine environment.
Mr. Speaker, I urge all Members to support the bill before us today.
In closing, I would like to thank the gentleman from Alaska, the
distinguished ranking member of the Natural Resources Committee, Mr.
Young, for managing the bills with me today.
Mr. SAXTON. Mr. Speaker, I rise today to urge my colleagues to join
me in supporting authorization of the Coastal and Estuarine Land
Conservation Program. H.R. 1907--the Coastal and Estuarine Land
Conservation Program Act authorizes a voluntary partnership program to
provide badly needed Federal funds for the purchase and protection of
sensitive coastal ecosystems with the goal of better ensuring the
ecological and economic health of our coastal communities.
It is well known that more and more people are moving to the coast to
enjoy its beauty and recreational opportunities. An estimated 60
percent of Americans will live along our coasts by 2010. Fourteen of
our Nation's 20 largest cities are located on the coast. More than
ever, the pressures of urbanization and pollution along our Nation's
shores threaten to impair watersheds, impact wildlife habitat and cause
irreparable damage to the fragile coastal ecology.
Created by Congress in fiscal year 2002, the Coastal and Estuarine
Land Conservation Program--also known as CELP--was modeled after the
successful Forest Legacy Program. To date, this program has invested
nearly $200 million towards 150 conservation projects in 26 of the
Nation's 35 coastal and Great Lakes States and territories. This
Federal investment has leveraged more than an equal amount of State,
local and private funding, demonstrating the importance of coastal
protection throughout the Nation and the critical role of Federal
funding to its success.
More importantly, the program has helped to conserve lands and waters
that will offer numerous benefits to local communities by preserving
water quality, natural areas for wildlife and birds, and outdoor
recreational opportunities--thereby protecting for the future the very
things we love about the coasts. Although the program has been in
existence for six years, it has yet to be formally authorized. This
legislation seeks to do just that.
This bill will formally authorize this Federal/State partnership
program explicitly for conservation of coastal lands. CELP will award
grants on a competitive basis to the 35 coastal and Great Lakes States
and territories or National Estuarine Research Reserves for the purpose
of protecting lands that are critical to the health of our coasts and
estuaries. This legislation will allow coastal States to compete for 1
to 1 matching funds to acquire land or easements from willing sellers
to protect coastal areas that have considerable conservation,
recreation, ecological, historical or aesthetic values threatened by
development or conversion.
By establishing a plan for the preservation of our coastal areas, the
Act will build on the foundation laid down by the Coastal Zone
Management Act, and will encourage voluntary land conservation
partnerships among the Federal Government, State agencies, local
governments, private landowners and nonprofits. It will not only
improve the quality of coastal areas and the marine life they support,
but also sustain surrounding communities and their way of life.
I thank Representative Capps and all of our cosponsors for their
support of H.R. 1907 and I ask my colleagues to support this
legislation.
Mr. FARR. Mr. Speaker, I rise in support of H.R. 1907 the Coastal and
Estuarine Land Conservation and Protection Act authored by my friend
and fellow co-chair of the House Oceans Caucus from New Jersey, Mr. Jim
Saxton.
I would like to take this opportunity to express my gratitude for all
that Mr. Saxton has done during his distinguished career in this House
to help protect and promote the oceans. He has been a great ally in the
fight to keep our oceans from harm and make sure that they will be
healthy and productive for our grandchildren's grandchildren. Mr.
Saxton joined me in coauthoring a comprehensive ocean management bill,
H.R. 21, known as Oceans-21, that would create a national ocean policy
and create coordinated State and Federal management of our oceans. I
will continue the fight for the oceans but I will miss having the
leadership, friendship, and vision of Jim Saxton next year.
The conservation of coastal habitat a necessary action identified in
the final reports of both the Pew Oceans Commission and the U.S.
Commission on Ocean Policy. Coastal areas are vitally important to our
ocean health, since most of our use of the oceans, both recreational
and commercial take place in the coastal zone. Estuaries provide even-
more important services such as mitigating the impacts from runoff and
are known to be the nurseries that support our country's fisheries.
This bill is necessary to authorize a coastal land conservation
program and extend the utility of one of our best ocean management
laws: the Coastal Zone Management Act. The Coastal Zone Management Act
allows States and the Federal Government to cooperate in the management
of the resources and environment of the coasts. States which have
approved coastal management plans and National Estuarine Research
Reserves will be eligible for grants to conserve coastal lands and
estuaries that have significant conservation, recreation, ecological,
historical, or aesthetic values, or that are threatened by conversion
from their natural, undeveloped, or recreational state to other uses or
could be managed or restored to effectively conserve, enhance, or
restore ecological function.
I also lend my support to this bill because I have seen the good that
this program can do. The Elkhorn Slough, covering 1,330 acres in my
district, is one of the relatively few coastal wetlands remaining in
California. It became a part of the National Estuarine Research Reserve
System in 1979. The main channel of the slough, which winds inland
nearly seven miles, is flanked by a broad salt marsh second in size in
California only to San Francisco Bay.
Elkhorn Slough is home to more than 400 species of invertebrates, 80
species of fish and 200 species of birds. The channels and tidal creeks
of the slough are nurseries for many species of fish and help support
fishing off of the West Coast. At least six threatened or endangered
species utilize the slough or its surrounding uplands, including
peregrine falcons, Santa Cruz long-toed salamanders, California red-
legged frogs, brown pelicans, least terns and Southern Sea Otters. The
slough is also an important stop on the Pacific Flyway, providing
feeding and resting ground for many types of migrating waterfowl and
shorebirds.
Mr. Speaker, this bill authorizes a program that is necessary for the
protection of our coasts and our oceans for future generations. I
cannot emphasize enough the need for this Congress to provide for ocean
stewardship now. I support the Coastal and Estuarine Land Conservation
and Protection Act and I urge my colleagues to join me.
Ms. BORDALLO. Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore (Mr. Ellison). The question is on the motion
offered by the gentlewoman from Guam (Ms. Bordallo) that the House
suspend the rules and pass the bill, H.R. 1907, as amended.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. BROUN of Georgia. Mr. Speaker, on that I demand the yeas and
nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the
Chair's prior announcement, further proceedings on this motion will be
postponed.
____________________